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5 AGREEMENT WITH ADVANCED ELEVATOR SOLUTIONS, INC.
FOR CITYWIDE ELEVATOR MAINTENANCE SERVICES
FOR THE CITY OF SAN MATEO
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Advanced Elevator Solutions, Inc., a corporation (“CONTRACTOR”), whose address is 5650 Imhoff Drive, Suite B, Concord, CA 94520.
RECITALS:
A. CITY desires certain elevator maintenance services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these elevator maintenance services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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5 SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall be provided starting on August 1, 2025 and ending on June 30, 2028. At the City’s discretion, up to two (2) optional one-year extensions may be granted through amendment of this Agreement.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $232,200 pursuant to rates stated in Exhibit B, attached and incorporated by reference.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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5 SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
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5 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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5 SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Attn: Derek Bahamondes, Facilities Maintenance Supervisor City of San Mateo
1961 Pacific Blvd.
San Mateo, CA 94403
To CONTRACTOR: Attn: Patrick S. Ansari
Advanced Elevator Solutions, Inc.
5650 Imhoff Drive, Suite B,
Concord, CA 94520
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - CONFLICTS
In the event of any conflict between the provisions of any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 23 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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5 IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.
CITY OF SAN MATEO CONTRACTOR
Matthew Fabry
Public Works Director
Date Victor Latronica
Its Authorized Agent
President
If a Corporation, can be either
1) President or 2) Vice
President plus an additional
corporate officer (i.e.,
Secretary, Treasurer) who shall
sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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5 EXHIBIT A
SCOPE OF SERVICES
The work under this section includes elevator maintenance, repairs and emergency response services.
There are twenty-one (21) operable elevators in fifteen (15) locations across the City.
Contractor’s Duties:
a) The work to be performed by the Contractor under this agreement will consist of furnishing all material, labor, tools and equipment necessary to provide full preventative maintenance on the equipment described.
b) Any work not specifically mentioned but which is needed to make the maintenance complete with the intent of this agreement will be performed after quoting the additional work and receiving City authorization.
c) The contractor will perform, coordinate and complete the requirements of this agreement in cooperation with any other contractors or trades doing any work on the property. d) The contractor will guarantee that a member of their supervisory personnel regularly engaged in inspection and supervision will visit each elevator semi-annually to ensure the quality of maintenance meets the specified and intended standards. The Contractor’s supervisor will schedule site visits with the Public Works Facilities Maintenance Supervisor or designee. e) The Contractor agrees that they can maintain this equipment to its original design capabilities based on the equipment conditions as surveyed and all the technical information available at the
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5 time of the award of this agreement.
f) Provide routine service of equipment, time expended on routine service will consist of examination, minor adjustment, cleaning and lubricating the equipment. All lubrication frequencies and types of lubricants will meet the manufacturers’ specifications. g) At the City’s reasonable request, the Contractor will provide a hall call traffic analysis report on any or all elevators. The analyzer will be capable of gathering and printing information about the elevator performance and group operation.
h) Contractor will notify Public Work Facilities Maintenance Supervisor if hydraulic fluid is added to a tank due to an unaccountable loss of fluid. The contractor will notify the City of the implication of possible underground leakage and provide a proposal with a complete description of the procedure for individually testing the integrity of the cylinder and underground to/from oil line if applicable.
Exclusions
The following work is excluded and will not be the responsibility of the Contractor:
a) Power supply feeders, switches and fuses
b) Repair or replacement of products of combustion detectors for fire recall. c) Car enclosure finishes and lighting lamps, hoistway enclosures, door panels and frames d) Other items caused by vandalism or negligence by persons other than the Contractor, its representatives and employees, excluding normal wear and tear. Contractor will obtain the Public Works Facilities Maintenance Supervisor or his designee’s written approval to repair vandal related problems. Payment will not be made for any unauthorized work. e) New attachments may be recommended or directed by insurance companies or by Federal, State, Municipal or other Government Authorities.
Conditions of Service
Contractor will maintain all elevator equipment in good operating condition in accordance with manufacturer’s specifications and should conditions warrant, repair or replace the equipment, including, without limitation, the following:
Traction Elevators
a) Machine, drive sheave, drive sheave shaft bearings, brake pulley, brake coil, brake contact, linings and component parks, gears, worms, thrusts.
b) Motor and motor generator windings, rotating element, commutator, brushes, brush holders and bearings.
c) Controller, selector and dispatching equipment, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dashpots, timing devices, computer devices, steel selector tape or cable and mechanical and electrical driving equipment. d) Governor, governor sheave and shaft assembly, bearings, contacts and governor jaws.
Deflector, car and counterweight sheaves, bearings, car and counterweight buffers, car and counterweight guide rails and brackets, top and bottom limit switches, governor tension sheave assembly, compensating sheave assembly, counterweight and counterweight guide shoes including rollers and gibs. Contractor is not responsible for alignment when affected by building compression or shifting hoistway enclosures.
e) Hoistway door interlocks, door hangers, bottom door guides and auxiliary door closing devices. Automatic power operated door operator, car door hanger, car door contact, door protective devices, load-weighting equipment, car frame, safety mechanisms, platform, platform sub-flooring, elevator guide shoes, gibs and rollers, signal and operating fixtures Contract for Services-Estero SB854 (PW) Page 9 of 15
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5 including lights, buzzers and gongs in all signal and operation fixtures. f) Renew all wire ropes as needed, equalize the tension on all hoisting ropes, repair or replace conductor cables, hoistway and elevator machine room to maintain adequate factor of safety. g) Shorten, reshackle and retention hoist cables if stretching of ropes makes this necessary. • Contractors will check the condition and operation of detectors, safety edges and of light rays on cars at every visit. If they are inoperative, the contractor will repair within one business day. Seismic triggers and/or derailment devices; collision switches. • Fire related elevator controls.
• Respond to discrepancies identified by the local elevator enforcing authorities.
Hydraulic Elevators
a) Complete pumping plan, valves, exposed piping fittings, piston (less damaged by cylinder failure), packing tank, heaters and mufflers.
b) If flexible hose and fitting assemblies are used, they will be changed as required by California Code of Regulations, Title 8, Safety Orders, sooner if necessary. c) Materials and services covered as applicable by Contractor. d) Furnish all oil, lubricants, packing and other materials required.
Wheelchair Lifts
a) Materials and services covered by Traction Elevators or Hydraulic Elevators as applicable.
Performance
a) The Contractor will maintain the original contract speed in feet per minute and the performances for elevators as indicated under basic performance requirements. b) If the performance of the elevator does not meet the times established for the elevators of speed and type of control, the Contractor will restore the elevator to its optimal potential. c) If there are no exceptions taken, performance will be as provided as specified hereinafter. d) Basic Performance Requirements: Electric elevators will be adjusted to meet the following performance standards and will maintain these standards for the life of the agreement.
Operating Characteristics
a) Starting, acceleration, stopping and leveling will be smooth and free from jars or bumps. b) Full speed riding will be without swaying or vibration. c) Elevator and door operation will be quiet.
d) Emergency stop by way of emergency stop switch will be sudden but not violent. e) Door pressure will be maintained below 30 pounds closing. f) Keep group control systems operating at design criteria for the lifetime of the maintenance agreement. If systems check requires test/corrections on overtime hours, Contractor will provide at no additional costs.
g) Door standing times. Car Call – 5 seconds. Hall Call – 5 seconds.
Special Tests
a) Elevators provided with fire service, derailment devices, seismic switches or other special circuitries will be checked once every year to make certain these devices operate correctly as designed. The Contractor and Public Works Facilities Maintenance Supervisor or his designee will arrange for mutually acceptable dates to perform the tests. The City will test the emergency power operation and if the elevator system fails, Contractor will make corrections and retest. b) The Contractor will examine periodically each car safety devices and governors and conduct an annual no load test and will, during the term of this agreement, or more if required by Contract for Services-Estero SB854 (PW) Page 10 of 15
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5 applicable law, ordinance or regulation but no less than once every five years, and perform one full load, full speed test of the safety mechanism, over-speed governors, car and counterweight buffers. The car balance will be checked electrically and the governor set. If required, the governor will be recalibrated and sealed for proper tripping speed. The City will witness these tests and the Contractor will furnish a written report indicating the results of such tests. All testing will conform to the requirements of AMSE A17.1 and/or local code testing requirements. c) Hydraulic elevators will have a load test performed during the term of this agreement at least once every five years, or more often if required by applicable law, ordinance or regulation and will conform to the requirement of the State.
d) Contractor will create a form for each car describing tests and deliver a signed copy to the Public Works Facilities Maintenance Supervisor after successful tests are concluded. The forms will also describe any malfunctions along with corrective actions taken.
Housekeeping
a) Within the first three (3) months after this agreement is in effect, the Contractor will thoroughly clean all elevator hoistways, pits, car tops, controller interiors including filters and machine rooms. In addition, during the same period of time, all cars and hoistway door tracks, hangers, interlocks and closers will be cleaned, lubricated and adjusted. Continuing cleaning must be ongoing and at the following minimum intervals or sooner where conditions warrant:
• Quarterly: Car tops, pits, and machine rooms
• Semi-Annually: Hoist ways and door equipment
b) Exterior of machinery and other parts of equipment subject to rust will be properly painted and presentable at all times. The motor windings and controller coils will be periodically treated with insulating compound. Contractor will maintain cleanliness of elevator room. c) All debris such as wiping rags, empty oil cans, trash from pits, etc. resulting from this work will be promptly removed by Contractor.
Stock of Materials
Contractor will maintain an adequate supply of contact in each machine room, switch parts, coils, conductors, springs, holders, resistors, relays, lamps, condensers, tubes, transformers, car and hall buttons, fuses and other parts which are required for prompt replacements together with an adequate supply of lubricants and wiping rags. All supplies will be stored in metal cabinets or shelves and oily rags in closed metal containers. All cabinets, shelves and containers to be provided by the Contractor for use during the term of the contract. In addition, keep on the premises or in a warehouse within fifty (50) miles of the project or reasonably obtainable within 24 hours:
• One set of motor brushes and holders for each type of motor and generator • One door operator for each type used
• Hanger sheaves for car and hoistway doors
• Two complete door interlocks
• One set of generator bearing for each type of generator • One set of brake linings for each type of brake
• Parts for door protective devices
• Power supplies
• Coils, relays, motor brushes and all other parts as needed to ensure prompt replacement in the event of the shutdown of any elevator
• SCR drive components
• One spare control board of each type installed. Cylinder head packing and pump motor belts Wiring Diagrams and Digitization
A complete set of all wiring diagrams for the elevator systems covered under this agreement will be Contract for Services-Estero SB854 (PW) Page 11 of 15
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5 maintained in their respective machine rooms. All changes in circuitry made by the Contractor will be properly recorded on the City’s and the machine room copies of diagrams, including the date of change and the name of the person making the change. The Contractor is responsible for digitizing all existing wiring diagrams into a PDF format. This will include all relevant details and annotations.
The Contractor will ensure the accuracy and completeness of the digitized diagrams. The digitization process will be completed within the first 12 months of contract execution and will be provided to the Public Works Facilities Maintenance Maintenance Supervisor. The wiring diagrams are the property of the City and are to remain in their respective machine rooms. The City will supply wiring diagrams if not in the machine rooms.
Telephone Monitoring
Contractor will provide 24-hour telephone monitoring for each elevator and be able to dispatch both service technicians for trouble/entrapment calls and relay calls to emergency services (911) as appropriate.
Schedules and Records
a) Contractor will provide a work schedule for each machine room. b) These work schedules will be designed for each type of equipment to be serviced, such as geared elevators, hydraulic elevators, etc., and will conform to the manufacturer’s recommended practice for the particular equipment concerned. They will show the kind and frequency of service and lubrication proposed by the Contractor for the duration of the agreement.
c) Minimum routine service all inspections, lubrication, adjustments, tests, cleaning, routing repairing and other preventative maintenance activities will be performed in accordance with schedules submitted by the Contractor.
d) Schedules posted will be of the chart type, which will be initialed by the service technician when each scheduled inspection is performed.
e) Contractor will also maintain an accurate and complete log of all work performed in addition to routine service at each location. These logs will include call back service describing the nature of all complaints and the resolution. The logs will be kept in the equipment rooms at each location. In addition to the specified machine room log, Contractor’s staff or supervisor will log in and out of each facility/building on each and every visit. This includes, but is not limited to, routine maintenance, trouble calls, repairs and supervisor’s visits. These logs will remain the property of the City.
f) The Contractor, on a monthly basis, will deliver to the Public Works Facilities Maintenance Supervisor, a copy of the callback and repair log.
Performance Guarantee
a) All repairs will be pre-scheduled in writing. If an elevator is out of service for longer than two consecutive workdays for a non-scheduled repair, the monthly maintenance cost of that unit will be credited to the next monthly billing.
b) If the Contractor does not respond in the time frames listed below under “Trouble/Entrapment Calls,” the following month’s billing will be credited $500 for each extended trouble call. c) Contractors will be contacted on a rotating basis at the discretion of the City based on factors such as cost, expertise, and availability.
Trouble/Entrapment Calls
a) Call back service will be furnished upon request at the Contractor’s expense during regular working days. If a callback during overtime hours is required, the Contractor will furnish all travel time, expenses and time on the job. Contractor may bill the City for the bonus portion Contract for Services-Estero SB854 (PW) Page 12 of 15
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5 of labor for overtime hours, but only a maximum of one hour travel time will be billed per overtime callback.
b) In the event an elevator is shut down with trapped passengers (entrapment), Contractor will guarantee thirty (30) minute response time between 8:00 am and 5:00 pm, Mondays through Fridays and a one (1) hour response time between 5:00 pm and 8:00 am, Mondays through Fridays, Saturdays, Sunday, and holidays.
c) In the event an elevator shuts down without trapped passengers, Contractor will guarantee a one (1) hour response time between 8:00 am and 5:00 pm, Mondays through Fridays and a two (2) hour response time between 5:00 pm and 8:00 am, Mondays through Fridays, Saturdays, Sunday, and holidays.
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5 EXHIBIT B
PAYMENT RATES
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5 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
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5 Contractor hereby grants to the City of San Mateo and the Estero Municipal Improvement District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.